§295o. Certain general provisions
(a) Peer review
Each application for a grant or contract under this subchapter shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval. Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.
(b) Delegation of authority of Secretary
The Secretary may delegate the authority to administer any program authorized by this subchapter to the administrator of a central or regional office or offices of the Department, except that the authority to make such a grant, enter into such a contract, continue such a grant or contract, or modify such a contract, shall not be delegated to any administrator of, or officer in, a regional office or offices of the Department.
(c) Differential tuition and fees
The Secretary may not enter into a contract with, or make a grant, loan guarantee, or interest subsidy payment under this subchapter or subchapter VI of this chapter, to or for the benefit of, any school, program, or training center if the tuition levels or educational fees at such school, program, or training center are higher for certain students solely on the basis that such students are the recipients of traineeships, loans, loan guarantees, service scholarships, or interest subsidies from the Federal Government.
(d) Applicability of certain provisions on contracts
Contracts authorized by this subchapter may be entered into without regard to section 3324 of title 31 or section 5 of title 41.
(e) Records and audits
(1) Maintenance of records
(A) Each entity which receives a grant, loan, loan guarantee, or interest subsidy or which enters into a contract with the Secretary under this subchapter, shall establish and maintain such records as the Secretary shall by regulation or order require.
(B) The Secretary may specify, by regulation, the form and manner in which such records, required by subparagraph (A), shall be established and maintained.
(2) Biennial audits
Each entity which received a grant or entered into a contract under this subchapter shall provide for a biennial financial audit of any books, accounts, financial records, files, and other papers and property which relate to the disposition or use of the funds received under such grant or contract and such other funds received by or allocated to the project or undertaking for which such grant or contract was made. For purposes of assuring accurate, current, and complete disclosure of the disposition or use of the funds received, each such audit shall be conducted in accordance with such requirements concerning the individual or agency which conducts the audit, and such standards applicable to the performance of the audit, as the Secretary may by regulation provide. A report of each such audit shall be filed with the Secretary at such time and in such manner as he may require.
(3) Applicability to students
A student recipient of a scholarship, traineeship, loan, or loan guarantee under this subchapter shall not be required to establish or maintain the records required in paragraph (1) or provide for an audit required in paragraph (2).
(4) Availability of documents, etc.
(A) Each entity which is required to establish and maintain records or to provide for an audit under this subsection shall make such books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of such entity upon a reasonable request therefor.
(B) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have the authority to carry out the purposes of this paragraph.
(f) Miscellaneous provisions
(1) Payments under grants
Grants made under this subchapter may be paid (A) in advance or by way of reimbursement, (B) at such intervals and on such conditions as the Secretary may find necessary, and (C) with appropriate adjustments on account of overpayments or underpayments previously made.
(2) Applications for grants and contracts
No grant may be made or contract entered into under this subchapter unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe.
(3) Assurances
Whenever in this subchapter an applicant is required to provide assurances to the Secretary, or an application is required to contain assurances or be supported by assurances, the Secretary shall determine before approving the application that the assurances provided are made in good faith.
(4) Technical assistance
Funds appropriated under this subchapter may be used by the Secretary to provide technical assistance in relation to any of the authorities under this subchapter.
(5) Graduates of foreign medical schools
The Secretary may make an award of a grant, cooperative agreement, or contract under this subchapter to an entity (including a school) that provides graduate training in the health professions only if the entity agrees that, in considering applications for admissions to a program of such training, the entity will not refuse to consider an application solely on the basis that the application is submitted by a graduate of a foreign medical school. This paragraph may not be construed as establishing any private right of action.
(July 1, 1944, ch. 373, title VII, §798, as added Oct. 13, 1992,
Prior Provisions
A prior section 798 of act July 1, 1944, was classified to section 295h–7 of this title prior to the general revision of this subchapter by
Another prior section 798(a) of act July 1, 1944, was classified to section 295h–7 of this title prior to the general revision of part G of this subchapter by
Amendments
1992-Subsec. (d).
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 293, 295a, 295j of this title.